[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 1]
No person or persons, firm or corporation shall at any time
after the enactment of this Part have in his, their or its possession
within the Borough of Liberty any mechanical device, machine or apparatus
whatsoever for the playing of games and amusements, said mechanical
devices being commonly known as "pin ball" machines upon which baseball,
football or other games are played, or any mechanical device, machine
or apparatus whatsoever for the playing of recorded songs and music,
said mechanical devices being known as "music boxes" or "juke boxes,"
which are operated or played by the insertion in such mechanical device
of a coin, or other metallic disc, slug or token, without first having
procured a license therefor as hereinafter provided in this chapter.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 2]
Any person or persons, firm or corporation desiring to procure a license provided for in § 13-201 of this Part shall make written application therefor to the Borough Secretary over the signature of the applicant or applicants, and said application shall set forth the name, present business and residence addresses of such applicant and the applicant's occupation, and shall designate the premises on which the device, machine or apparatus for which the license is desired, will be located. If the applicant is not the owner of the premises, then he shall set forth the length of time for which the premises have been leased. The applicant shall also set forth in his application the name, the manufacturer's or other identifying number, and the type and nature of the machine or machines to be installed and used.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 3]
All the information required in § 13-202 of this Part shall be furnished over the signature of the applicant or applicants who shall make oath or affirmation thereto before an officer duly authorized by law to take acknowledgments and affidavits in this commonwealth.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 4]
No license shall be granted until a period of at least seven
days shall have elapsed from the date the application was received
by the Borough Secretary, during which time the Mayor, or other duly
authorized officer of the Borough of Liberty, may, in his discretion,
investigate the statements and allegations set forth in the application.
No license shall be granted to any person not a citizen of the United
States, and no such license shall be transferable.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 5]
Nothing in this Part shall in any way be construed to authorize
license or permit any gambling device whatsoever, or any mechanical
device or mechanism that has been judicially determined to be a gambling
device, or in any way contrary to law, or that may be contrary to
any future law of the Commonwealth of Pennsylvania.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 6; by Ord. 423, 9/9/1987, § 13-306; by Ord.
469, 12/28/1998, § 1; by Ord. 2006-3, 2/24/2006, § 1;
and by A.O.]
No license shall be issued under this Part for any mechanical
device, machine or apparatus until an annual fee therefor shall have
been paid to the Secretary of the Borough of Liberty in the amount
as established from time to time by resolution of Borough Council,
for each and every mechanical device, machine or apparatus so installed
and used under the provisions of this section in the Borough of Liberty,
which amount shall be paid as aforesaid and shall be a license fee
for the device, machine or apparatus for which it was licensed until
December 31 of the year for which the said license was issued. The
license fee heretofore mentioned shall not be prorated but shall remain
the same for the whole or any portion of any one year.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 7]
Upon payment of the license fee provided by this chapter, and
provided that the Mayor or other duly authorized official of the Borough
of Liberty shall not have disapproved the granting of such license,
the Secretary of the Borough shall issue a numbered license certificate
setting forth the name of the applicant and the address of the establishment
or place of business in which the mechanical device or apparatus to
be displayed, used or exhibited. The said license certificate shall
further set forth the name, number and other identifying data of the
machine for which the license was issued and shall be attached to
the said machine and displayed in a conspicuous location thereon at
all times and shall be valid only for the machine for which it was
issued and only in the place of business for which the license was
originally issued.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 8]
No mechanical device, machine or apparatus licensed under the
provisions of this Part shall be used or played by any minor under
the age of 14 years, and notice of this regulation shall be exhibited
upon each and every machine, device or apparatus so licensed.
[Ord. 118, 3/15/1951; as amended by Ord. 393, 12/30/1982,
§ 9; by Ord. 423, 9/9/1987, § 13-309; and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
